The Atlanta Journal-Constitution

WHAT IS BOSTOCK V. CLAYTON COUNTY, GA.?

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One of a trio of LGBTQ workplace discrimina­tion cases that the Supreme Court heard in October. Doraville’s Gerald Bostock is the former coordinato­r of Clayton County’s Court Appointed Special Advocate program. He alleges he was fired because he is gay. The county said Bostock’s sexual orientatio­n was not a factor and that program funding was misspent under his watch.

What was argued?

Whether Title VII of the Civil Rights Act of 1964, when it banned sex discrimina­tion in the workplace, by extension prohibited bias against LGBTQ people due to their sexual orientatio­n or gender identity.

Attorneys for Bostock and other plaintiffs argued that bias against gay people is akin to gender stereotypi­ng, which the Supreme Court ruled was illegal in 1989. Employers biased against gay employees, they said, are relying on stereotype­s that all men should be interested in women and vice versa.

The Trump administra­tion, which argued for the defense, said sex and sexual orientatio­n are two separate things, the latter of which Congress almost certainly did not have in mind when it wrote the Civil Rights Act in 1964. The courts don’t have the authority to legislate new laws, Trump’s solicitor general said — only Congress does.

What did the Supreme Court decide?

On June 15, the justices in a 6-3 ruling sided with Bostock and the other plaintiffs.

“The answer is clear. An employer who fires an individual for being homosexual or transgende­r fires that person for traits or actions it would not have questioned in members of a different sex,”Justice Neil Gorsuch, a Trump appointee, wrote for the majority.“Sex plays a necessary and undisguisa­ble role in the decision, exactly what Title VII forbids.”

 ?? BOB ANDRES / ROBERT.ANDRES@AJC.COM 2019 ?? Gerald Bostock, the Doraville man whom Supreme Court justices ruled in favor of in June, will see his bias case against Clayton County go back before a federal district court.
BOB ANDRES / ROBERT.ANDRES@AJC.COM 2019 Gerald Bostock, the Doraville man whom Supreme Court justices ruled in favor of in June, will see his bias case against Clayton County go back before a federal district court.

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